Disability Discrimination

Subscribe to Disability Discrimination via RSS

By Christina Meddin and Shannon Cherney

Seyfarth Synopsis: The Eleventh Circuit’s decision in Mullin v. U.S. Department of Veteran Affairs clarifies that confidentiality protections around medical certifications are robust and enforceable, even absent viable accommodation or disability discrimination claims. The Court affirmed that under the Rehabilitation Act, which is analyzed using the same standard as Title I of the Americans…

Continue Reading Mullin v. VA: Reiterating The Importance Of Employer Confidentiality Obligations Around Medical Information

By Lennon B. Haas and Kevin M. Young

Seyfarth Synopsis: In Flaherty v. Entergy Nuclear Operations, Inc., ___ F.3d ___, No. 18-1759, 2019 WL 7046367, at *1 (1st Cir. Dec. 23, 2019), the First Circuit struck a terminated nuclear plant security officer’s self-serving affidavit opposing summary judgment and held that he was not qualified for his position, and thus …
Continue Reading Nuclear Power Company Avoids ADA Discrimination Claim Meltdown

By Caitlyn Crisp and Michael Cross

Seyfarth Synopsis: California voters gave the green light to recreational use of marijuana with the passage of Prop 64. Marijuana users may have felt like they struck Acapulco Gold, but a review of the law on drug testing in the workplace may turn out to be a buzzkill.

When can an employer drug …
Continue Reading Marijuana at Work: Testing of (and for) Mary Jane